Opinion
November 20, 1995
Appeal from the Supreme Court, Orange County (Murphy, J.).
Ordered that the judgment is reversed insofar as appealed from, with costs, the determination is confirmed, and the proceeding is dismissed on the merits.
The reasons given by the respondent Town of Warwick Planning Board (hereinafter the Planning Board) for denying the petitioner's application for preliminary subdivision plat approval are not arbitrary and capricious, and they have a rational basis in the record. Accordingly, the Supreme Court erred by granting the petition to the extent indicated, thereby substituting its own judgment for that of the Planning Board (see, Matter of Koncelik v Planning Bd., 188 A.D.2d 469, 470; Matter of Christie v Hirshon, 88 A.D.2d 598, 599-600; Matter of Currier v Planning Bd., 74 A.D.2d 872). O'Brien, J.P., Santucci, Joy and Friedmann, JJ., concur.